United States v. Shearer

473 U.S. 52 (1985)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

United States v. Shearer

United States Supreme Court
473 U.S. 52 (1985)

  • Written by Sharon Feldman, JD

Facts

While off duty and away from the base at which he was stationed, United States Army private Vernon Shearer was murdered by another soldier. Shearer’s mother (Shearer) (plaintiff) brought an action against the United States (defendant) under the Federal Tort Claims Act, alleging that the army’s negligence caused her son’s death. Shearer claimed that although the army knew that the soldier who murdered her son had been convicted of manslaughter while assigned to an Army base in Germany, the army negligently failed to control the soldier, warn others that he was at large, and remove him from active military duty. The district court granted the government’s motion for summary judgment. The Third Circuit reversed, holding that an off-duty serviceman not on the military base or engaged in military activity at the time he is injured may recover under the Federal Tort Claims Act. The Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Burger, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 814,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 814,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 814,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership